STAGGS v. HERFF MOTOR CO.


390 S.W.2d 245 (1965)

J.T. STAGGS, Appellant, v. HERFF MOTOR COMPANY, Inc., and Commercial Credit Corporation, Appellees.

Supreme Court of Tennessee.

May 7, 1965.


Attorney(s) appearing for the Case

W.C. Rogers, Memphis, for appellant.

Abe D. Waldauer, Paul M. Bryan, Memphis, for appellees.


CHATTIN, Justice.

This is a suit brought by the buyer, J.T. Staggs, to rescind a contract for the purchase of an automobile from the seller, the defendant, Herff Motor Company, for a breach of warranty and to recover the amount which he had paid on the automobile.

The facts are complainant, Staggs, purchased from defendant on or about October 30, 1961, a 1961 Galaxie Ford automobile which defendant represented to be new, but soon thereafter it developed the...

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